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Grant County Planning and Zoning on WES

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Grant County Planning and Zoning on WES Bald and Golden Eagles, Grant and Codington Counties, 2017 & 2018 Grant County Planning and Zoning on WES April 17th, 2018 1. Questions from the public 2. General information and where to find more information, includes setback information from Vesta manuals, health, decommissioning and return on Tax Production Credit 3. Health information and where to find more, includes Cooper interview and personal testimony 4. Property value loses, includes report from PUC debunking the Next Era claim 5. Decommissioning issues 6. Language used in Wind Contracts This book contains websites and where to find more information. If you have questions, need additional reports you may contact Vince Meyer 605-949-1916 Facts, Findings and Conclusions We would like FINDINGS to the following issues to be addressed as answers in local newspapers for the public to review and discuss. 1. Has Next Era, APEX, or any wind energy developer, provided scientific methods to prove flicker, sound, infrasound or other nuisance, will trespass on to non-participants' land, for a certain allotment of time, please present the methods and studies to support the claim. 2. Have Planning and Zoning members and Commissioners read a Turbine manual for all the models being proposed to be used for safety setbacks? If so, where is a manual for the public to evaluate? 3. Has a MSDS for the county? 4. Wind farms are privately owned. They do not supply electricity to the public. Their electricity is for sale. Hence they are not a public utility. How will the county or township handle trespassing on private land be it rights-of-ways or other types of property? 5. How will the county deal with health or property complaints? Contracts say that the wind farm will work with landowners concerning flicker and noise.) The county must address recourse for non-participating land owners. 6. There is no Complaint Resolution System listed in the ordinance. What are your intentions for a Complaint Resolution System and the exact steps to be taken to mitigate any problem with WES? 7. What will the county do when the wind tower company sells the easement to another company that uses the easement for other purposes or the company is not as reliable as the original company? How will transfer of ownership affect the county, participating and non-participating property owners? 8. What will the county do when/if the wind energy company has no funds to dismantle the towers at the end of the contract period? (CAFO's are required to be built on at least 80 acres so money can be recouped if the facility leaves the country.) 9. Why is there no mention of Road Haul Agreements for the decommissioning phase of a wind energy project? How will the county protect its roads and township roads during that phase? 10. Have each of you read a lease from Apex, Next Era, Excel, or a Delaware LLC named on the first page of many leases? 11. How have you considered the ramifications to our county residents, lease holders, and non-lease holders? 12. Has a lease been reviewed by an independent attorney on behalf of the county residents? 13. Will every lease offered in our county be scrutinized by our county officials and an independent attorney to safeguard our residents? 14. Have you, your immediate and/or extended family, signed or considered signing a lease with a wind energy project? 15. Is there anything that would hinder you from making an impartial decision in regard to wind turbine setbacks, statues, ordinances, or anything that would impact the county residents as a whole? 16. What are your considerations regarding acceptance of wind energy projects in our county? 17. At the PUC hearing, APEX said North Dakota is getting newer, better turbines, which translates to the ones they are proposing in Codington and Grant counties are already obsolete. What is the county doing to protect its residents from obsolete, inferior, dangerous, or other flawed turbines in our county? What approval process is being proposed? 18. Turbines being proposed here are the largest ever installed in South Dakota. Where is the county's research concerning these? 19. What research has the county done on the impact of industrial turbines on our aquifers and water shed? 20. What has been done to protect our Indian artifacts and any other historical items in the area? 21. When these turbines leak oil out of them and it runs down to the ground, does the zoning board have anything in the guidelines as to who is responsible for reporting the problem? Who does it get reported to? How much oil is needed to run a Vesta 4.2 mw turbine? 22. What is the county requiring in the form of maintenance of turbines? Who is required to look for leaks, failures, and how often? 23. Do the reports go to the zoning board, county commissioner, sheriff, EPA, Haz Mat or local fire department? Who is responsible for the cleanup? 24. On the matter of fire or medical situations, does the turbine corporation have a quick response team in place or are they relying on local fire departments for emergency response? 25. Does our fire department have the resources or training to perform fire or EMS on a 500-foot tower and have never been instructed as to where a safe working area would be around them. Has the county considered the isolated positions of the turbines and the emergency response? 26. Has the county considered the danger of grass fires in our rural areas, especially if a turbine would fail and disperse sparks and fire 500 feet in the air to dry grassland? 27. What resources do the members of Planning and Zoning, and the county Commissioners currently have at their disposal to help them understand wind turbine noise and infrasound and its potential impact on the county's residents? Will a consultant be hired? 28. If resources exist, who or what are they, and when will they be made available for the public to review? 29. Do the policy makers understand, that the noise from Turbines has a vibration that is intensified inside a house, and that it can be deceiving to listen to a turbine for a snapshot in time? Please read Vicki May, David Janes and Tim Hartke 30. If the commission is currently not engaged with any independent experts do you plan to work with anyone to ensure you have unbiased information on this topic? 31. If yes, who, when, and when will the information they provide be made public? 32. If no, why not? 33. If wind energy projects are considered AG l~nd, why isn't it taxed on projected income at the county level like farmland 34. Who is liable for non-participating resident's health issues and WES violations regarding flicker, infrasound, property value loss, vibrations, loss of viewshed, audio, and radio frequency disruptions electromagnetic field issues, air turbulence, loss of quiet enjoyment of property? 35. What party carries the liability insurance to protect property and residents from ice throw, blade malfunction, fire, crop yield loss, grass fire, ect... 36. What dollar limits will the policy be required to be? 37. How would the addition of Industrial WES help build a better community? 38. Why isn't the PUC application fee sufficient to cover professional consulting fees? What are your plans to remedy the insufficient fees provided? 39. How will you inform the public of the physical dangers and health risks associated with wind energy systems if erected in our county? 42. What research has the county done to provide the residents of our county assurances of aquifer and land surface water protection? 43. If the turbines are safe, why does the contract contain an {{effects easement"? 44. Are you aware the industry only works with contract holders to mitigate effects and does not work with non-participants? It is the county's job to mitigate the effects of infrasound, audio, visual, view, light, flicker, noise, shadow, vibration, air turbulence, wake, electromagnetic, electrical and radio frequency interference, and other effects attributable. 45. Do you know that infrasound from a turbine has its own unique signature and is not like the noise from riding in a car or light bulb as compared to from wind? 46. Where is the cradle to grave report show that Wind turbines are "Green" ? 47. Wind industry has an easement agreement and works with contract holders, they do not work with non-participators. How will Grant County protect nonparticipators from impacts like property value loss, property rights loss and health issues. CONFLICT OF INTEREST 6-1-1 7. Official prohibited from discussing or voting on issue if conflict of interest exists--Legal remedy. No county, municipal, or school official may participate in discussing or vote on any issue in which the official has a conflict of interest. Each official shall decide if any potential conflict of interest requires such official to be disqualified from participating in discussion or voting. However, no such official may participate in discussing or vote on an issue if the following circumstances apply: ( 1) The official has a direct pecuniary interest in the matter before the governing body; or (2) At least two-thirds of the governing body votes that an official has an identifiable conflict of interest that should prohibit such official from voting on a specific matter. If an official with a direct pecuniary interest participates in discussion or votes on a matter before the governing body, the legal sole remedy is to invalidate that official's vote. Source: SL 2005, ch 40, § 1.
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